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HomeMy WebLinkAboutCC RESO 91-119RESOLUTION NO. 91-119 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DECLARING KIM CONSTRUCTION TO BE THE LOWEST RESPONSIVE BIDDER AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH KIM CONSTRUCTION FOR CIVIC CENTER EXTERIOR IMPROVEMENTS (C.I.P. Project No. 1506-91) WHEREAS, the Building and Safety Department of the City of National City did in open session, on May 13, 1991, publicly open, examine and declare all sealed bids for Civic Center exterior improvements. NOW, THEREFORE, IT IS HEREBY RESOLVED, that the City Council of the City of National City hereby awards the contract for Civic Center exterior improvements to the lowest responsive bidder, to wit: KIM CONSTRUCTION BE IT FURTHER RESOLVED by the City Council of the City of National City, California that the Mayor is hereby authorized to execute on behalf of the City, a contract between Kim Construction and the City of National City for Civic Center exterior improvements in accordance with the Building and Safety Department Plans and Specifications. PASSED and ADOPTED this 11h day of June, 1991. GEORGE H r WATERS, MAYOR ATTEST: OvtA Piocroz_z.,\. Lor' Anne Peoples City Clerk APPROVED AS TO FORM: 40/?:01; GeorCfe H. Eiser, III City Attorney 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 CQ•IPY AGREEMENT THIS AGREEMENT, dated the 24_ _ day of June , 1991, in the County of San Diego, State of California, by and between the City of National City, California (hereinafter referred to as "CITY", and Kim Construction (hereinafter referred to as "CONTRACTOR"). W I T N E S S E T H: That the CITY and the CONTRACTOR, for the consideration stated herein, agree as follows: 1. The complete contract includes all of the Contract Documents, including the Notice Inviting Sealed Bids, Information for Bidders, Bid Form, Designation of Subcontractors, Contractor's Plans, Certificate Regarding Workers' Compensation, Noncollusion Affidavit, Performance Bond, Payment Bond, Insurance Certificates, General Conditions, Special Conditions. this Agreement, AddendumJln.. 1 datPdJ4ri1 2S, 1991 and all modifications and amendments thereto, by this reference incorporated herein. The Contract Documents are complementary, and what is called for by any one shall be as binding as if called for by all. 2. CONTRACTOR shall perform within the time set forth in Paragraph 4 of this Agreement everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services as described in the complete Contract and required for construction of the project known as: CIVIC CENTER EXTERIOR IMPROVEMENTS - SPECIFICATION NO. 1506-91. All of said work to be performed and materials to be furnished shall be completed in a good workmanlike manner in strict accordance with the plans, general and special conditions and provisions of the complete Contract as hereinabove defined. The CONTRACTOR shall be liable to the CITY for any damages arising as a result of a failure to fully comply with this obligation. Agreement - Page 1 1 1 1 • 1 1 1 1 w• 1 3. CITY shall pay to the CONTRACTOR. as full consideration for the faithful performance of the Contract, subject to any additions or deductions as provided in the Contract Documents. the sum of $ ienty Qorrai and QQjJ4Q Dollars ($)g,aQQQ,,,QQ ) , said sum being the total amount of the following amounts stipulated in the proposal: Base Bid $.2Q144 Alternate No . _1__ SJ. Larded ia.ELle Bid is —Addendum -Ito 1 (all Alternates selected shall be listed) dated April 25, 1991 4. The work shall be commenced on or before the date stated in the CITY'S Notice to Proceed and shall be completed within sixty (60) consecutive calendar days from and after the date stated in the Notice to Proceed. Said Notice shall be issued within ten (10) calendar days after the award of the Contract, and shall require that Work be commenced on or before ten (10) calendar days from the date of issuance of said Notice. 5. Time is of the essence. If the work is not completed in accordance with paragraph 4 above, it is understood that the CITY will suffer damage. It being impractical and infeasible to determine the amount of actual damage, in accordance with Government Code Section 53069.85 it is agreed that CONTRACTOR shall pay to CITY as fixed and liquidated damages, and not as a penalty, the sum(s) as stated in paragraph 22 of Information for Bidder's for each calendar day of delay until Work is completed and accepted. This amount shall be deducted from any payments due to or to become due to CONTRACTOR. CONTRACTOR and CONTRACTOR'S Surety shall be liable for the amount thereof. Time extensions may be granted by the CITY as provided in Article 62 of the General Conditions. 6. CONTRACTOR agrees to and does hereby indemnity and hold harmless the CITY, their officials, agents and employees/ volunteers from all damages, costs or expenses in law or equity that may at any time arise or be set up because of damages to property, or of personal injury received by reason of or in the course of performing work, which may be caused by any willful or negligent act or omission by the Contractor or any person, firm or corporation employed by the Contractor upon or in connection with the Work called for in this Contract. The CITY, their officials, agents and employees/volunteers will not be liable for any accident, loss or damage to the Work prior to its completion and acceptance. Agreement - Page 2 1 1 • 1 1 1 r 1 1 7. If either party hereto becomes involved in litigation arising out of this Contract or the performance thereof, the court in such litigation, or in a separate suit, shall award reasonable costs and expenses, including attorneys fees, to the party 'justly entitled thereto. In awarding attorney fees, the court will not be bound by any court fee schedule, but shall, if it is in the interest of justice to do so, award the full amount of costs, expenses, and attorney fees paid or incurred in good faith. 8. CONTRACTOR shall take out, prior to commencing the work, and maintain, during the life of this contract, and shall require all subcontractors, whether primary or secondary, to take out and maintain insurance coverage as required in Articles No. 16 through 19 of the General Conditions and as follows: General Liability Insurance for injuries including accidental death, to any one person in an amount not less than: $1 000 000.00 Insurance Coverings Special Hazards: Following special hazards shall be covered by rider or riders to above - mentioned general liability and property damage insurance policy or policies of insurance, or by special policies of insurance in amounts as follows: Vehicles and/or material hoist (non -owned as well as owned) where used or operated: $1y0004.0O_ 0.O0 9. Required number of executed copies of the Agreement, the Contractor's Certificate, the Performance Bond. and the Payment Bond and Insurance Certificates is six (6). 10. Pursuant to Section 22300 of the Public Contract Code, this Contract permits the substitution of securities for any :monies withheld by a public agency to ensure performance under this Contract. At the request and expense of the CONTRACTOR, securities equivalent to the amount 1 1 1 1 1 1 1 1 1 1 1 1 1 withheld shall be deposited with the ptsbiic agency, or with a State or Federally chartered bank as the escrow agent, who shall then pay such monies to the CONTRACTOR. Lon satisfactory completion of the Contract, the securities shall be returned to the CONTRACTOR. Securities eligible for investment under this section shall include those listed in Section 16430 or bank or savings and loan certifiates of deposit. The CONTRACTOR shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon. 11. If CONTRACTOR is s corporation, the tmdersigned hereby repre- sents and warrants that the corporation is duly incorporated and In good standing in the State of , and that whose title is Is authorised to act for and bind the corporation 12. Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and the Contract shall be read and enforced as though ft were included herein, and if through mistake or otherwise any such provision is not inserted, or is not currently inserted, then upon application of either party the Contract shall forthwith be physically amended to make such revision. 13. The complete Contract as set forth in paragraph 1 of this Agree- ment constitutes the entire Agreement of the parties. No other agree- ments, oral or written, pertaining to the work to be performed under this Contract, exists between the parties. This Contract can be modified only by an agreement in writing, signed by both parties and pursuant to action Of the City Council. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed. rONIRA OR By: t✓. - By: ]) MAYOR CITY c' NATI(NAT, env 1243 I I IMI, CITY H1vD. I•C 91950 K 1 M '� N S 1-ie u cT1u tiJ (Signature of CITY) (Signature of CONTRACTOR) (Corporate Seal of CONTRACTOR if corporation) Contractors License No. 426801 • Class r.8_ Contractors Business License No. City of National City Building and Safety Department 1243 National City Blvd., National City, CA 92050-4397 (619) 336-4210 ADDENDUM NUMBER 1 Civic Center Exterior Improvements Bid No. 1506-91 The following work shall be included in the bids for the Civic Center Exterior Improvements Project (Bid No. 1506-91). 1. Include all labor and material costs to run an undergound conduit from the existing time clock in the electrical service enclosure to the proposed new sign and lights at the bridge entry at National City Boulevard. Include cost of conductors, fittings and boxes required to provide electrical power to this location. 2. Include all labor and material costs to run an undergound conduit from the existing landscape lighting fixture near the front building entry to the proposed new monument sign located at the north parking lot entry. Include cost of all conductors, fittings and boxes required to provide electrical power to this location. ichae W. Bouse, erector Building and Safety Department April 25, 1991 MWB:ct SBP 12114874 FAITHFUL PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: THAT WHEREAS, the City Council of National City, California (hereinafter referred to as 'CITY'), by Resolution No. ,119 , awarded to ___ Robert D. Kim dba: Kim Construction (hereinafter referred to es the 'Principal'), the Contract for the work described as follows: CIVIC CENTER EXTERIOR IMPROVEMENTS SPECIFICATION NO. 1506-91 AND WHEREAS, said Principal is required under the terms of said Contract to furnish a bond for the faithful performance of said Contract. NOW, THEREFORE, we the undersigned Principal and Surety are held and * firmly bound to the CiTY, in the sum of *Seventy Eight ThousandNiryz_ed � ($ 7A.900.00 ) (this amount being not less than one hundred percent [100 R) of the total bid price of the Contract awarded by the CITY to the Principal), lawful money of the United States of America, for payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bonded Principal, its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by and well and truly keep and perform all the undertakings, terms, - covenants, conditions, and agreements in the said Contract and any alteration thereof, made as therein provided, including, but not limited to, the provisions regarding Contract duration and liquidated damages, all within the time and in the manner therein designated in all respects according to their true intent and meaning, then this obligation shalt become null and void; otherwise it shall be in full force and effect. As a condition precedent to the satisfactory completion of the Contract, the above obligation shall hold good for a period of one (1) year after the acceptance of the Work by the CITY, during which time if Principal shall fail to make full, complete, and satisfactory repair and replacements and totally protect the CITY from loss or damage made evident during the period of one (1) year from the date of acceptance of the Work,' and resulting from or caused by defective materials or faulty workmanship, the above obligation in penal sum thereof shall remain in full force and effect. However, nothing in this paragraph to the contrary notwith- standing, the obligation of Surety hereunder shall continue so long as any obligation of Principal remains. Faithful Performance Bond - Page 1 Whenever Principal shall be, and is declared by the CITY to be, in default under the Contract, and the CITY having performed the CITY's obligations thereunder, Surety shall promptly either remedy the default, or shall: 1. Complete the Contract in accordance with its terms and conditions; or 2. Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Suety of the lowest responsible bidder, arrange for a Contract between such bidder and the CITY, and make available as Work progresses (even though there should be a default or successions of defaults under the Contract or Contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract price, but not exceeding, including other costs and damages for which Surety may be liable hereunder, the amount set forth in the first executory paragraph hereof. The term 'balance of the Contract price" as used in this paragraph shall mean the total amount payable to the Principal by the CITY under the Contract and ant modification thereto, less the amount previously and properly paid by the CITY to the Principal. Surety expressly agrees that the CITY may reject any Contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Principal. Surety shall not utilize Principal in completing the Contract nor shall Surety accept a bid from Principal for completion of the Work if the CITY, when declaring the Principal in default, notifies Surety of the CiTY's ob- jection to Principal's further participation in the completion of the Work. No right of action shall accrue on this bond to or for the use of any person or corporation other than the CITY named herein or the successors or assigns of the CITY. Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the Contract falls due or is made. FURTHER, the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or modification of the Contract Documents, or of the Work to be performed thereunder shall in any way affect its obligations on this bond; and it does hereby waive notice of any change, extension of time, alteration or modification of the Contract Documents or of Work to be performed thereunder. Faithful Performance Bond - Page 2 114 WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety named therein, an the 1 th day of June , l9 91 the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by Its undersigned representative pursuant to authority of its governing body. (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF PRINCIPAL AND SURETY) Robert D. Kim dba: Kim Construction Principal By Rr9i6QM D (Name and Title) (Address) Indiana Lumbermens Mutual Insurance Company Surety 5550 W. Touhy Ave., Ste. 400 Skokie, Illinois 60077-9810 (Mailing address of Surety) Byi=<l4%. / Attorney -in -Fact Cyra B. Willis (Attach Attorney -in -Fact Certificate and Required Acknowledgments) STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) On this 18th Cyra B. Willis 'the Attorney -in -Fact of instrument. In witness written above. ACKNOWLEDGEMENT OF SURETY day of June 1991 , before me personally appeared Mutual Insurance Company whereof, I hereto set my hand and official seal on the day and year in this certificate first , known to me personally (or proved to me on the basis of satisfactory evidence to be Indiana Lumbermens and acknowledged to me that she executed the within 'rc Li/ NOTARY PUBLIC Faithful Performance Bond - Page 3 PAYMENT BOND SBP 12114874 KNOW ALL PERSONS BY THESE PRESENTS: THAT WHEREAS, the City Council of National City, California (hereinafter referred to as 'CITY'), by Resolution No. 11 , passed June llth fill, has awarded to Robert D. Kim dba: Kim Construction (hereinafter referred to as the 'Principal"), the Contract for the work described as follows: CIVIC CENTER EXTERIOR IMPROVEMENTS SPECIFICATION NO. 1506-91 AND WHEREAS, said Principal is required by Division 3, Part IV, Title XV, Chapter 7 (commencing at Section 3247) of the California Civil Code to furnish a bond in connection with said Contract. NOW, THEREFORE, we the undersigned Principal and Indiana Lumbermens Mutual Insurance Company , as Surety, are held and firmly bound unto the CITY in the penal sum of *Seventy Eight Thousand Nine Hundred Dollars and no/100ths* Dollars ($ 78,900.00 ),lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if said Principal, its heirs, executors, administrators, successors, or assigns, or a subcontractor shall fail to pay any person or persons named in Civil Code Section 3181 or fail to pay for any materials, provisions, or other supplies, used in, upon, for, or about the performance of the Work Contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code, with respect to work or labor thereon of any kind, or shall fail to deduct, withhold, and pay over to the Employment Development Department, any amounts required to be deducted, withheld, and paid over by Section 13020 of the Unemployment Insurance Code with respect to work and labor thereon of any kind, then said Surety will pay for the same, in or to an amount not exceeding the amount hereinabove set forth, and also will pay in case suit is brought upon this bond, such reasonable attorney's fees as shall be fixed by the court, awarded and taxed as provided in Division 3, Part IV, Title XV, Chapter 7 (commencing at Section 3247) of the California Civil Code. This bond shall inure to the benefit of any of the persons named in Section 3181 of the California Civil Code, so as to give a right of action to such person or their assigns in any suit brought upon this bond. Payment Bond - Page 1 It is further stipulated and agreed that the Surety of this bond shall not be exonerated or released from the obligation of the bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement hereinabove described or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of time for any payment pertaining or relating to any scheme or work of improvement hereinabove described, nor by any rescission or attempted rescission of the Contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such Contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of Contract between the CITY and original Contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 3110 and 3112 of the California Civil Code, and has not been paid the full amount of its claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned. Any claims under this bond may be addressed to : Indiana Lumbermens Mutual Ins. Co. 5550 W. Touhy Ave., Ste. 400 Skokie, Illinois 60077-9810 (Name & address of Surety) Pro Growth Insurance Company (Name & address of agent or 9920 Pacific Heights Blvd., Ste. 500 representative in California San Diego, CA 92121-4330 p , if different from above) (619) 450-0540 (Telephone number of Surety, or agent or representative in California Payment Bond - Paoe 2 IN WITNESS WHEREOF, we have hereto set our hands and seals on this �$th day of June 19_9.L (Corporate Seal of Robert D. Kim dba: Kim Construction Principal, if Corporation) Principal (Proper name of Corporation) By Rom- : D ICE:,, (Signature of Contractor) (Seal of Surety) 5550 W. Touhy Ave., Ste. 400 Skokie, Illinois 60077-9810 (Title) Indiana Lumbermens Mutual Insurance Company Surety (Mailing address of Surety) By 6-�..„6 Cyra/B. Willis Attorney -in -Fact (Attach Attorney -in -Fact Certificate and Required Acknowledgments) ACKNOWLEDGEMENT OF SURETY STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) On this 18th day of June 1991 before me personally appeared Cyra B. Willis , known to me personally (or proved to me on the basis of satisfactory evidence to be Indiana Lumbermens the Attomeyin-Fact of Mutual Insurance Company and acknowledged to me that she executed the within iinstrument. In witness whereof, I hereto set my hand and official seal on the day and year in this certificate first Nritten above. NOTARY PUBLIC r u Indiana Lumbermen, MuNa[ lnsu;ance CaMpany NCIPAL Robert D. Kim dba: Kim Construction 444 Rancho Camino (STREET ADDRESS) CONTRACT AMOUNT $78 , 900.00 POWER OF ATTORNEY EFFECTIVE DATE 6/3 8/91 Fallbrook CA 9202R (CITY) (STATE) (ZIP CODE) AMOUNT OF BOND $ 7R, 900.00 POWER NO SBP 12114874 KNOW ALL MEN BY THESE PRESENTS that the Indiana Lumbermens Mutual Insurance Company, a Corporation duly organized and existing under the laws of the State of Indiana, with its principal office in the City of Indianapolis, Indiana, does hereby make, constitute and appoint Cyra B. Willis State of California as its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred to sign, execute, acknowledge and deliver any and all Bonds and undertakings, recognizances, contracts of indemnity, and other writings obligatory in the nature thereof for and on its behalf as follows: The obligation of the Company shall not exceed one million ($1,000,000.00) dollars. And to bind the Corporation thereby as fully and to the same extent as if such Bonds and undertakings, recognizances, contract of indemnity, and other writings obligatory in the nature thereof were signed by the President, sealed and duly attested by the Secretary of the Corporation, hereby ratifying and confirming all that the said Attomey(s)-in-Fact may do in the premises. This Power of Attorney is executed and may be revoked pursuant to and by authority granted by Article IV, Section 2-A (1) and (2) of the By -Laws of the Indiana Lumbermens Mutual Insurance Company, which reads as follows: (1) The President or any Vice President shall have the power and authority, by and with the concurrence with the Secretary of the Corporation, to appoint Attorneys -in -Fact for purposes only of executing and attesting to Bonds and undertakings, recognizances, contracts of indemnity, and other writings obligatory in the nature thereof, and at any time to remove any such Attomey-in-Fact and to revoke the power and authority given to him. (2) Attorneys -in -Fact when so appointed shall have power and authority, subject to the terms and limitations of the Powers of Attorney issued to them, to execute and deliver on behalf of the Corporation any and all Bonds and undertakings, recognizances, contracts of indemnity, and other writings obligatory in the nature thereof, and such instrument executed by any such Attorney -in -Fact shall be as binding upon the Corporation as if signed by an Executive Officer and sealed and attested by the Secretary. IN WITNESS WHEREOF, the Indiana Lumbermens Mutual Insurance Company has caused these presents to be signed by its Vice President, attested by its Secretary and its Corporate Seal to be hereto affixed this ATTEST; .••°'°•< Indiana Lumber s t Ranee Company By o(. GJ , Q o, By Secretary : g �s} i ; Va President STATE OF INDIANA SS: COUNTY OF MARION FIRST day of MAY 19 90 On this FIRST day of MAY 19 90 before me personally came the individual who executed the preceding instrument, to me known, who being by me duly swom, acknowledged the execution of the above instrument and did depose and say; that he is the therein described and authorized officer of the Indiana Lumbermens Mutual Insurance Company; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation; and that he signed his name thereto by like order. /o io91 My Commission Expires STATE INDIANA SS: COUNT OF MARION c —..� z S E235.1 ,: n 1 p Notary Public I, the undersigned, Secretary of the Indiana Lumbermens Mutual Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Indiana Lumbermens Mutual Insurance Company, which is still in force and effect. This Certificate may be signed and sealed by facsimile under and by the authority of the following resolution of the Board of Directors of Indiana Lumbermens Mutual Insurance Company at a meeting duly called and held on the 12th day of June 1973. "RESOLVED: That the use of printed facsimile of the Corporate Seal of the Company and of the signature of the Secretary on any certification of the correctness of a copy of an instrument executed by the President or a Vice President pursuant to Article IV, Section 2-A (1) and (2) of the By -Laws appointing and authorizing Attomey-in-Fact to sign in the name and on behalf of the Company Bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, with like effect as if such seal and such signature had been manually affixed and made, hereby is authorized and approved.' In witness whereof, I have hereunto set my hand and affixed the seal of said Corporation, this day of June 19 91 (SEAT) Form 253 18th Secretary